Letters To The Editor

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Published 7:00 pm, Wednesday, October 23, 2002

Dear Editor:

This is to the voters of Waller County:

On the Nov. 5 General Election ballot there will be a proposition concerning the "Creation of the Bluebonnet Groundwater Conservation District." Waller County voters are asked to vote for or against the inclusion of the county in this groundwater conservation district.

Many voters are not aware of the purpose or function of this district. Here is some information that should allow you to vote more intelligently on this issue.

Texas House Bill 3655 was written, passed, and signed by Gov. Perry in 2001. It created the Bluebonnet Groundwater Conservation District, which includes Austin, Grimes, Walker, Waller, and Washington counties. The Legislature has indicated that water districts are the state's preferred method of groundwater management.

The purpose of the district is "to protect and recharge groundwater, to prevent pollution or waste of groundwater, to control subsidence caused by withdrawal of water from the groundwater reservoirs in the area, and to regulate the transport of water out of the boundaries of the District." The district will not be concerned with surface water since this is controlled by the state.

Texas is one of only a few states that adhere to "The Right of Capture" as the controlling force on groundwater management. In simple terms this means that while the water is in the underground aquifer it belongs to nobody, or everybody. When a landowner drills a well and "captures" the water, it is then his to do with as he pleases. One of the primary duties of the groundwater district will be to develop a management plan to address goals such as the most efficient use of groundwater, controlling and preventing waste and subsidence, and addressing drought conditions.

The district does not intend to put meters on private water wells. All domestic wells are exempted from permits or fees as are wells for livestock not capable of producing in excess of 25,000 gallons per day. The district may require the permitting and/or fees on wells that are not exempt under the act. In Waller County these would primarily be wells serving the municipalities, rural water districts, and industry. The enabling legislation states that the district can set a fee of up to 17 cents per 1,000 gallons for these wells, however, the current fee that has been set by the district is 3.5 cents per 1,000 gallons for wells producing over 10 million gallons per year. For a homeowner on a municipal or rural water system using as much as 5,000 gallons of water per month, this equates to a fee of slightly more than $2 per year. The fees will be paid by the municipality or water supply corporation pumping the water.

Recognizing the dependence of viable agriculture production on irrigation water, agricultural rates are lower. While currently exempt, as rules are adopted that include agriculture, the maximum pumping fee may not exceed $1 per acre foot of groundwater pumped. This is consistent with other legislative treatment of inputs into food production. It is important that U.S. produced agriculture products remain dependable and plentiful.

HB 3655 requires the district to have four directors from each county. Of these, one must represent municipal interests, one agricultural interests, one industrial interests, and one represents rural water suppliers' interests. These directors who were appointed by the county commissioners, will receive no salary or pay, and will serve for four-year (staggered) terms.

Groundwater conservation districts are not a new concept for Texas. The first one was approved in 1949. Currently there are 66 existing districts in the State and there are 21 additional districts (the Bluebonnet District being one) established by the 77th Texas Legislature which are currently awaiting voter approval.

Waller County is dependent on groundwater for its water supply. With local representatives setting rules and policy with opportunities for public input, the district will monitor the groundwater activities within the county and serve to protect this valuable resource. No other public entity is performing this important service. Additional information, including how to contact the Bluebonnet District, can be found on the blue insert in this paper. Make an informed decision and vote Nov. 5.

David Minze

Katy

Dear Editor:

After considerable reflection, I have decided to make a public my position concerning events relative to my request, as tape recorded at the city of Hempstead Zoning Commission meeting of Sept. 10.

The request was for the number of new vs closed businesses in the city since zoning ordinances passed in June 2002.

The official reply from the city was that I would have to advance a deposit of $100 and would be charged $15 per hour to research the matter.

This is outrageous and just as ridiculous as my having to pay $100 to get the zoning commission to fix their own mistake on my property next to Wal-Mart, which I pointed out to the city some time ago. The zoning commission not only made a mistake on my property by zoning it residential, they also did the same thing, which still exists, on the largest sales taxpayer in the city—Wal Mart.

This was duly noted in the meeting of Sept. 10, 2002, as well as my question below:

"Did anyone ever compare these new zoning ordinances to other towns such as Bellville or Navasota."

The answer was no and that somebody named Pugh patterned them after Bryan.

Well, to my way of thinking, the information I requested should not have to be researched. This should be a priority for the city fathers and each of them should have on the tip of their tongues the new vs closed businesses in our town and how we compare to peer cities — that's their job.

By airing this matter maybe something can get done rather than spending time trying to figure out how to charge someone for information that should be foremost on the city's mind.

If appears to many of us that the city fathers, although well meaning, have crippled our city. They have passed laws and adopted restrictions that make it economically impossible for anyone to renovate the old or build new in the city of Hempstead. So people go to other places to spend money, to build and to live.

In the meantime, instead of becoming more attractive and inviting new enterprises, Hempstead is becoming a ghost town, like so many others we have seen. Just drive down our streets.

Surely there is a solution to this problem.

I implore everyone, city leaders, business owners and citizens, give this matter some very serious thought and see if something can be done to bring life back to Hempstead. Obviously, the new laws and restrictions are not working, maybe they could be altered somewhat. Maybe if given incentive and encouragement the present business owners would plant flowers in barrels and clean up their area, the vacant buildings could become antique shops or boutiques or quaint cafes.

I know people in Hempstead who would like to renovate the old or build new, but they simply can't afford it under the existing new laws.

I realize Hempstead needs change, but change takes time and can't be brought about overnight, thereby forcing some people out of business and inhibiting others from starting new businesses.

If my thinking is shared by anyone reading this, maybe we can start something to turn this matter around and help the town not hinder it. Please let me know.

Joe Bennatte

Hempstead

Dear Editor:

In May of 2001 the Texas Legislature passed HB3655, an act designed to create the Bluebonnet Groundwater Conservation District. The "District" was established to include, Austin, Grimes, Walker, Waller, and Washington counties. The purpose of the Bluebonnet District is to protect and recharge groundwater, to prevent pollution or waste of groundwater, to control subsidence caused by withdrawal of groundwater, and